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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter : Chapter 60 County Surveyors and Land Surveys
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1. At the regular general election in the year 1948, and every
four years thereafter, the voters of each county of this state in
counties of the second, third, and fourth classification shall elect a
registered land surveyor as county surveyor, who shall hold his office
for four years and until his successor is duly elected, commissioned and
qualified. The person elected shall be commissioned by the governor.
2. No person shall be elected or appointed surveyor unless he be a
citizen of the United States, over the age of twenty-one years, be a
registered land surveyor, and shall have resided within the state one
whole year. An elected surveyor shall have resided within the county for
which he is elected six months immediately prior to his election and
shall after his election continue to reside within the county for which
he is surveyor. An appointed surveyor need not reside within the county
for which he is surveyor.
3. Notwithstanding the provisions of subsection 1 of this section, or any
other law to the contrary, the county commission of any county of the
third or fourth classification may appoint a surveyor following a general
election in which the office of surveyor is on the ballot, if no
qualified candidate seeks said office. The appointed surveyor shall serve
at the pleasure of the county commission, however, an appointed surveyor
shall forfeit said office once a qualified individual, who has been duly
elected at a regularly scheduled general election where the office of
surveyor is on the ballot and who has been commissioned by the governor,
takes office. The county commission shall fix appropriate compensation,
which need not be equal to that of an elected surveyor. (RSMo 1939 §
13190, A.L. 1945 p. 1759, A.L. 1978 H.B. 971, A.L. 1983 H.B. 133, A.L.
2003 H.B. 267)
Prior revisions: 1929 § 11571; 1919 § 12709; 1909 § 11291
Every county surveyor shall, within sixty days after receiving
his commission, and before entering upon the duties of his office, take
the oath prescribed by the constitution, and enter into bond to the state
of Missouri, in a sum not less than one thousand nor more than five
thousand dollars, to be determined by the county commission, conditioned
that he will faithfully perform all the duties of the office of county
surveyor, and that at the expiration of his term of office he, or in case
of his death, his executors or administrators, will immediately deliver
to the recorder of deeds of the county all county survey plat books.
(RSMo 1939 § 13192, A.L. 1989 H.B. 190, et al.)
Prior revisions: 1929 § 11573; 1919 § 12711; 1909 § 11293
If any county surveyor fail to give such bond in the time
prescribed in section 60.030, his office shall be vacant. (RSMo 1939 §
13193)
Prior revisions: 1929 § 11574; 1919 § 12712; 1909 § 11294
Such bond may be taken by the clerk of the county commission in
vacation; and, if so taken, shall be approved or rejected by the county
commission at the next term thereof. (RSMo 1939 § 13194)
Prior revisions: 1929 § 11575; 1919 § 12713; 1909 § 11295
Such bond shall be valid until it is rejected, and its rejection
shall not release the principal and sureties from any liabilities
incurred previous to its rejection. (RSMo 1939 § 13195)
Prior revisions: 1929 § 11576; 1919 § 12714; 1909 § 11296
If such bond be rejected, the county commission shall order the
county surveyor to enter into a new bond, within such time as they may
think reasonable, not exceeding twenty days; and in default of giving
such new bond, the office shall be vacant. (RSMo 1939 § 13196)
Prior revisions: 1929 § 11577; 1919 § 12715; 1909 § 11297
Deputies may be appointed by any county surveyor who, before they
proceed to discharge their duties, shall take an oath to discharge
faithfully, truly and well the duties of deputy surveyors. All deputy
county surveyors shall be registered land surveyors. (RSMo 1939 § 13208,
A.L. 1989 H.B. 190, et al.)
Prior revisions: 1929 § 11589; 1919 § 12727; 1909 § 11309
In counties of the second, third or fourth class, the county
surveyor may charge for his services such a sum as may be agreed upon by
such surveyor and the person employing him. For that sum, the surveyor
shall employ and pay for the services of the necessary chainmen, rodmen
and markers. For that sum, the surveyor shall furnish to the person
employing him a plat of the survey made by him, and shall also record the
plat as provided by law. (L. 1945 p. 1575 § 2, A.L. 1983 H.B. 133)
The county surveyor shall, within thirty days, when called upon,
survey any tract of land or town lot lying in his county, at the expense
of the person demanding the same; provided, that his agreed upon fees are
first tendered, or that he and his deputies are not engaged in executing
previous orders of survey. (RSMo 1939 § 13199, A.L. 1989 H.B. 190, et al.)
Prior revisions: 1929 § 11580; 1919 § 12718; 1909 § 11300
When it shall appear that the county surveyor is interested in
any tract of land the title of which is in dispute before the court, the
court shall direct the survey or resurvey to be made by some registered
land surveyor, who is a noninterested party, who shall be authorized to
administer oaths in the same manner as the county surveyor is directed to
do, and shall return such survey or resurvey, on oath or affirmation; and
shall receive for his services such reasonable fee as determined by the
court. (RSMo 1939 § 13201, A.L. 1989 H.B. 190, et al.)
Prior revisions: 1929 § 11582; 1919 § 12720; 1909 § 11302
In case any person own or claim lands where the same are divided
by a county line, the person owning or claiming such lands, and wishing
to have the same surveyed, may apply to the surveyor of any county in
which any part of such land is situate; and, on such application being
made, the surveyor is authorized and required to make such survey, which
shall be as valid as though such lands were situate entirely in one
county. (RSMo 1939 § 13203)
Prior revisions: 1929 § 11584; 1919 § 12722; 1909 § 11304
CROSS REFERENCE: County boundaries, by whom surveyed, when, RSMo 46.010
to 46.030
No survey or resurvey shall be admitted into evidence in any
court in this state unless it is made by a registered land surveyor, and
it can be shown that the survey is located by measurements to monuments
of the section, United States survey, subdivision, or other unit in which
the property is legally described. A survey may not be rejected, after
August 28, 1991, solely on the grounds that it did not commence at a
government corner. (RSMo 1939 § 13200, A.L. 1989 H.B. 190, et al., A.L.
1991 H.B. 403, A.L. 1993 H.B. 621)
Prior revisions: 1929 § 11581; 1919 § 12719; 1909 § 11301
When lands, the title of which is in dispute before any court,
shall be divided by a county line, the court making an order of survey
may direct such order to the surveyor of any county in which any part of
such land is situate. (RSMo 1939 § 13204)
Prior revisions: 1929 § 11585; 1919 § 12723; 1909 § 11305
The county surveyor shall execute all orders given to him
directly by any court of record, for surveying or resurveying any tract
of land, the title of which is in dispute before such court, and all
orders of survey for the partition of real estate. (RSMo 1939 § 13198,
A.L. 1989 H.B. 190, et al.)
Prior revisions: 1929 § 11579; 1919 § 12717; 1909 § 11299
The county surveyor of every county or city shall:
(1) Keep a fair and correct record of all surveys made by himself and his
deputies, in a well-bound book, with a convenient index, to be procured
at the expense of the county or city for that purpose, which books and
indexes shall be the property of such county or city, and shall be known
as the county surveyor's plat book, and every such surveyor shall record
in such book a plat of all surveys executed by him or his deputies,
within two weeks after the plat of survey has been certified to, and such
books shall be kept at the county seat or city hall and subject to
inspection by any person interested therein, under the supervision of the
county surveyor for such county or city;
(2) Number his surveys progressively;
(3) Deliver a copy of any plat of survey to any person requiring such a
copy, on payment of an amount equal to the fees allowed to the recorder
of deeds for such a document, so long as such records shall remain in his
possession, and after such record shall have been deposited in the office
of the recorder of deeds, the recorder shall, on the request of anyone
and on payment of his fees for such service, deliver to such person a
duly certified copy of such records under the seal of his office, which
shall be accepted as evidence, to all intents and purposes, as the
originals themselves;
(4) Maintain a copy of corner restoration documents as required in
section 60.321 when provided by the Missouri department of natural
resources, and subject to inspection and copying by any person interested
therein during the normal office hours of the county on payment of the
fees allowed to the recorder for similar documents. (L. 1989 H.B. 190, et
al.)
The several county commissions in this state are hereby
authorized, in all cases wherein they shall consider it to be the
interest of their counties, to obtain from the Missouri department of
natural resources a certified copy of so much of the field notes of all
surveys lying within their counties, respectively, which have been and
may be made by the United States, as relates to the description of the
township, section, fractional section, quarter section and legal
subdivisional corners, the variation of the needle at which the east and
west boundaries of township or range lines were run, the length of the
north and south, as well as east and west sectional lines; also, the
fallings of all east and west township and sectional lines--the same to
be filed in the office of the county surveyor of their counties,
respectively. (L. 1989 H.B. 190, et al.)
Any county surveyor who shall fail to perform the duties required
of him by this chapter shall be fined in a sum not exceeding ninety
dollars, to be recovered by civil action, at the suit of the injured
party. (L. 1989 H.B. 190, et al.)
Whenever the following words and terms are used in this chapter
they shall have the following meaning unless the context clearly
indicates that a different meaning is intended:
(1) "Corners of the United States public land survey", those points that
determine the boundaries of the various subdivisions represented on the
official plat such as the township corner, the section corner, the
quarter-section corner, grant corner and meander corner;
(2) "Existent corner", a corner whose position can be identified by
verifying the evidence of the original monument or its accessories, or by
some physical evidence described in the field notes, or located by an
acceptable supplemental survey record or some physical evidence thereof,
or by testimony. The physical evidence of a corner may have been entirely
obliterated but the corner will be considered existent if its position
can be recovered through the testimony of one or more witnesses who have
a dependable knowledge of the original location. A legally reestablished
corner shall have the same status as an existent corner;
(3) "Lost corner", a corner whose position cannot be determined, beyond
reasonable doubt, either from traces of the original marks or from
acceptable evidence or testimony that bears upon the original position;
(4) "Monument", the physical object which marks the corner point
determined by the surveying process. The accessories, such as bearing
trees, bearing objects, reference monuments, mounds of stone and other
similar objects that aid in identifying the corner position, are also
considered a part of a corner monument;
(5) "Obliterated, decayed or destroyed corner", an existent corner at
whose point there are no remaining traces of the original monument or its
accessories, but whose location has been perpetuated by subsequent
surveys, or the point may be recovered beyond reasonable doubt by the
acts and testimony of local residents, competent surveyors, other
qualified local authorities or witnesses, or by some acceptable record
evidence. A position that depends upon the use of collateral evidence can
be accepted only if duly supported, generally through proper relation to
known corners, and agreement with the field notes regarding distances to
natural objects, stream crossings, line trees, etc., or unquestionable
testimony;
(6) "Original government survey", that survey executed under the
authority of the United States government as recorded on the official
plats and field notes of the United States public land survey maintained
by the Missouri department of natural resources;
(7) "Proportionate measurement", a measurement of a line that gives equal
relative weight to all parts of the line. The excess or deficiency
between two existent corners is so distributed that the amount of excess
or deficiency given to each interval bears the same proportion to the
whole difference as the record length of the interval bears to the whole
record distance:
(a) "Single proportionate measurement", a measurement of a line applied
to a new measurement made between known points on a line to determine one
or more positions on that line;
(b) "Double proportionate measurement", a measurement applied to a new
measurement made between four known corners, two each on intersecting
meridional and latitudinal lines, for the purpose of relating the
intersection to both. The procedure is described as follows: First,
measurements will be made between the nearest existent corners north and
south of the lost corner. A temporary point will be determined to locate
the latitude of the lost corner on the straight line connecting the
existent corners and at the proper proportionate distance. Second,
measurements will be made between the nearest existent corners east and
west of the lost corner. A temporary point will be determined to locate
the longitude of the lost corner on the straight line connecting the
existent corners and at the proportionate distance. Third, determine the
location of the lost corner at the intersection of an east-west line
through the point determining the latitude of the lost corner with a
north-south line through the point determining the longitude of the lost
corner. When the total length of the line between the nearest existing
corners was not measured in the original government survey, the record
distance from one existing corner to the lost corner will be used instead
of the proportionate distance. This exception will apply to either or
both of the east-west or north-south lines;
(8) "Record distance", the distance or length as shown on the original
government survey. In determining record distances, consideration shall
be given as to whether the distance was measured on a random or true
line. (L. 1989 H.B. 190, et al.)
In the resurvey of the lands of the United States public land
survey, the surveyor shall observe the following rules:
(1) The boundaries of the United States public land survey in Missouri
are unchangeable;
(2) The original township, section, quarter-section and other corners
established by the original government survey must stand as the true
corners which they were intended to represent, regardless of the location
indicated by the field notes and plat;
(3) These corners must be restored at the identical spot where the
original corner was located by the government survey, when this can be
determined;
(4) When this cannot be done, the corner is said to be lost and it must
be reestablished in accordance with the provisions of this chapter. (L.
1989 H.B. 190, et al.)
The restoration and utilization of the existent corners of the
United States public land survey is a prime objective of every survey.
Every means shall be undertaken to determine the position of the original
corner before deciding that the corner is lost. (L. 1989 H.B. 190, et al.)
The following rules for the reestablishment of lost corners shall
be applied only when it is determined that the corner is lost: (The rules
utilize proportional measurement which harmonizes surveying practice with
legal and equitable considerations. This plan of relocating a lost corner
is always employed unless it can be shown that the corner so located is
in substantial disagreement with the general scheme of the original
government survey as monumented. In such cases the surveyor shall use
procedures that produce results consistent with the original survey of
that township.)
(1) Existent original corners shall not be disturbed. Consequently,
discrepancies between the new and record measurements shall not in any
manner affect the measurements beyond the existent corners; but the
differences shall be distributed proportionately within the several
intervals along the line between the corners;
(2) Standard parallels shall be given precedence over other township
exteriors, and, ordinarily, the latter shall be given precedence over
subdivisional lines; section corners shall be located or reestablished
before the position of lost quarter-section corners can be determined;
(3) Lost township corners common to four townships shall be reestablished
by double proportionate measurement between the nearest existent corners
on opposite sides of the lost township corner;
(4) Lost township corners located on standard parallels and common only
to two townships shall be reestablished by single proportionate
measurement between the nearest existent corners on opposite sides of the
lost township corner on the standard parallel;
(5) Lost standard corners shall be reestablished on a standard or
correction line by single proportionate measurement on the line
connecting the nearest identified standard or closing corners on opposite
sides of the lost corner or corners, as the case may be;
(6) All lost section and quarter-section corners on the township boundary
lines shall be reestablished by single proportionate measurement between
the nearest existent corners on opposite sides of the lost corner
according to the conditions represented upon the original government plat;
(7) A lost interior corner of four sections shall be reestablished by
double proportionate measurement;
(8) A lost closing corner shall be reestablished on the true line that
was closed upon, and at the proper proportional interval between the
nearest existent corners on opposite sides of the lost corner;
(9) All lost quarter-section corners on the section boundaries within the
township shall be reestablished by single proportionate measurement
between the adjoining section corners, after the section corners have
been identified or reestablished; and
(10) Where a line has been terminated with a measurement in one direction
only, a lost corner shall be reestablished by record bearing and
distance, counting from the nearest regular corner, the latter having
been duly identified or reestablished. (L. 1989 H.B. 190, et al., A.L.
1999 H.B. 776)
For the purpose of perpetuating the corners of the United States
public land survey, every surveyor who reestablishes a lost corner or
restores an existent corner shall monument the corner and shall file an
instrument showing such reestablishment or restoration with the Missouri
department of natural resources, in accordance with the specifications
and procedures adopted by the Missouri department of natural resources.
Any surveyor who willfully and knowingly fails to perpetuate corners in
accordance with this section is guilty of misconduct in the practice of
land surveying. (L. 1989 H.B. 190, et al.)
This chapter shall in no way be construed either to affect the
legality of surveys legally made and recorded prior to September 28,
1979, or to prevent surveyors from taking advantage of any corners
legally established prior to September 28, 1979. (L. 1989 H.B. 190, et
al.)
In subdividing a section into quarter-sections, the land surveyor
shall run straight lines from the established quarter-section corners to
the opposite quarter-section corners. The point of intersection of the
lines thus run will be the corner common to the several quarter-sections,
or the legal center of the section. (L. 1989 H.B. 190, et al.)
In subdividing a quarter-section into quarters, the land surveyor
shall:
(1) First, establish the quarter-quarter, or sixteenth-section corners at
points midway between the quarter-section and section corners or the
center of the section, except on the last half mile of the lines closing
on township boundaries, where they should be placed by proportionate
measurement, as shown on the official government plat;
(2) Second, the center lines of the quarter-section will be run straight
between opposite corresponding quarter-quarter, or sixteenth-section
corners on the quarter-section boundaries. The intersection of the lines
thus run will determine the legal center of the quarter-section. (L. 1989
H.B. 190, et al.)
In subdividing a fractional section or quarter-section, the land
surveyor will run his lines from properly established quarter-section or
quarter-quarter-section corners, as the case may be, with courses
governed by the conditions represented upon the official government plat,
to the lake, watercourse, grant boundary, state line or other irregular
boundary which renders such land fractional. (L. 1989 H.B. 190, et al.)
The quarter-section corners of sections south of the township
line and east of the range line, and not established by the original
government survey will be established according to the conditions
represented upon the official government plat using proportionate
measurement between the adjoining section corners belonging to the same
section as the quarter-section corner being established, the section
corners having first been identified or reestablished. (L. 1989 H.B. 190,
et al.)
It shall be the duty of every county surveyor and every deputy
county surveyor to report as soon as practicable all violations of law
relative to the destruction of landmarks that come under their
observation, or of which they have knowledge, to the grand jury or to the
prosecuting attorney of the county in which the violation occurs. (L.
1989 H.B. 190, et al.)
1. No person, other than a registered land surveyor registered
pursuant to chapter 327, RSMo, shall knowingly move, remove, deface or
destroy any corner of the United States Public Land Survey System,
property boundary marker, bench mark or horizontal control monument.
2. Any person who violates the provisions of this section is guilty of a
class B misdemeanor.
3. Any person who violates the provisions of this section is liable for
the cost of reestablishment of permanent monuments or markers by a
registered land surveyor. This section shall establish a civil cause of
action in favor of any owner of real estate the boundaries of which are
affected by a violation of subsection 1 of this section. Venue for such
cause of action shall be in the county in which the violation occurs.
Damages shall be limited to reasonable surveying costs and reasonable
attorneys' fees. (L. 1998 H.B. 1862)
In all cases where the county surveyor shall have, at his own
expense, obtained a certified copy, as provided for in section 60.195,
the county commission shall make a reasonable allowance to such surveyor
for such copy, which shall thereafter become the property of the county,
and be filed; except that no county surveyor thus furnished with the
field notes shall, when called upon to execute any survey, make any
additional charge therefor. (RSMo 1939 § 13210, A.L. 1989 H.B. 190, et
al.)
Prior revisions: 1929 § 11591; 1919 § 12729; 1909 § 11311
The systems of plane coordinates which have been established by
the National Ocean Survey/National Geodetic Survey, or its successors,
for defining and stating the geographic positions or locations of points
on the surface of the earth within the state of Missouri are hereafter to
be known and designated as the "Missouri Coordinate System of 1927" and
the "Missouri Coordinate System of 1983". (L. 1984 S.B. 479)
1. For the purpose of the use of this system, Missouri is divided
into three separate zones, to be officially known as "The East Zone",
"The Central Zone", and "The West Zone".
2. The area now included in the following counties shall constitute the
east zone: Bollinger, Butler, Cape Girardeau, Carter, Clark, Crawford,
Dent, Dunklin, Franklin, Gasconade, Iron, Jefferson, Lewis, Lincoln,
Madison, Marion, Mississippi, Montgomery, New Madrid, Oregon, Pemiscot,
Perry, Pike, Ralls, Reynolds, Ripley, St. Charles, Ste. Genevieve, St.
Francois, St. Louis, St. Louis (city), Scott, Shannon, Stoddard, Warren,
Washington and Wayne.
3. The area now included in the following counties shall constitute the
central zone: Adair, Audrain, Benton, Boone, Callaway, Camden, Carroll,
Chariton, Christian, Cole, Cooper, Dallas, Douglas, Greene, Grundy,
Hickory, Howard, Howell, Knox, Laclede, Linn, Livingston, Macon, Maries,
Mercer, Miller, Moniteau, Monroe, Morgan, Osage, Ozark, Pettis, Phelps,
Polk, Pulaski, Putnam, Randolph, Saline, Schuyler, Scotland, Shelby,
Stone, Sullivan, Taney, Texas, Webster and Wright.
4. The area now included in the following counties shall constitute the
west zone: Andrew, Atchison, Barry, Barton, Bates, Buchanan, Caldwell,
Cass, Cedar, Clay, Clinton, Dade, Daviess, DeKalb, Gentry, Harrison,
Henry, Holt, Jackson, Jasper, Johnson, Lafayette, Lawrence, McDonald,
Newton, Nodaway, Platte, Ray, St. Clair, Vernon and Worth. (L. 1965 p.
173 § 2)
1. As established for use in the east zone, the Missouri
coordinate system of 1927 or the Missouri coordinate system of 1983 shall
be named; and, in any land description in which it is used, it shall be
designated the "Missouri Coordinate System of 1927, East Zone" or
"Missouri Coordinate System of 1983, East Zone".
2. As established for use in the central zone, the Missouri coordinate
system of 1927 or the Missouri coordinate system of 1983 shall be named;
and, in any land description in which it is used, it shall be designated
the "Missouri Coordinate System of 1927, Central Zone" or "Missouri
Coordinate System of 1983, Central Zone".
3. As established for use in the west zone, the Missouri coordinate
system of 1927 or the Missouri coordinate system of 1983 shall be named;
and, in any land description in which it is used, it shall be designated
the "Missouri Coordinate System of 1927, West Zone" or "Missouri
Coordinate System of 1983, West Zone". (L. 1984 S.B. 479)
The plane coordinate values for a point on the earth's surface,
used to express the geographic position or location of such point in the
appropriate zone of this system, shall consist of two distances expressed
in U.S. Survey Feet and decimals of a foot when using the Missouri
coordinate system of 1927 and expressed in meters and decimals of a meter
when using the Missouri coordinate system of 1983. One of these
distances, to be known as the "x-coordinate", shall give the position in
an east-and-west direction; the other, to be known as the "y-coordinate",
shall give the position in a north-and-south direction. These coordinates
shall be made to depend upon and conform to plane rectangular coordinate
values for the monumented points of the North American Horizontal
Geodetic Control Network, as published by the National Ocean
Survey/National Geodetic Survey, or its successors, and whose plane
coordinates have been computed on the systems defined in sections 60.401
to 60.481. Any such station may be used for establishing a survey
connection to either Missouri coordinate system. (L. 1984 S.B. 479)
When any tract of land to be defined by a single description
extends from one into another of the coordinate zones set out in section
60.410, the positions of all points on its boundaries may be referred to
as either of the zones and the zone which is used shall be specifically
named in the description. (L. 1984 S.B. 479)
1. For the purpose of more precisely defining the Missouri
coordinate system of 1927, the following definition by the United States
Coast and Geodetic Survey is adopted:
(1) The Missouri coordinate system of 1927, east zone, is a transverse
Mercator projection of the Clarke spheroid of 1866, having a central
meridian 90 degrees--30 minutes west of Greenwich, on which meridian the
scale is set at one part in fifteen thousand too small. The origin of
coordinates is at the intersection of the meridian 90 degrees--30 minutes
west of Greenwich and the parallel 35 degrees--50 minutes north latitude.
This origin is given the coordinates: x = 500,000 feet and y = 0 feet;
(2) The Missouri coordinate system of 1927, central zone, is a transverse
Mercator projection of the Clarke spheroid of 1866, having a central
meridian 92 degrees--30 minutes west of Greenwich, on which meridian the
scale is set at one part in fifteen thousand too small. The origin of
coordinates is at the intersection of the meridian 92 degrees--30 minutes
west of Greenwich and the parallel of 35 degrees--50 minutes north
latitude. This origin is given the coordinates: x = 500,000 feet and y =
0 feet;
(3) The Missouri coordinate system of 1927, west zone, is a transverse
Mercator projection of the Clarke spheroid of 1866, having a central
meridian 94 degrees--30 minutes west of Greenwich, on which meridian the
scale is set at one part in seventeen thousand too small. The origin of
coordinates is at the intersection of the meridian 94 degrees--30 minutes
west of Greenwich and the parallel 36 degrees--10 minutes north latitude.
This origin is given the coordinates: x = 500,000 feet and y = 0 feet.
2. For purposes of more precisely defining the Missouri coordinate system
of 1983, the following definition by the National Ocean Survey/National
Geodetic Survey is adopted:
(1) The Missouri coordinate system 1983, east zone, is a transverse
Mercator projection of the North American Datum of 1983 having a central
meridian 90 degrees--30 minutes west of Greenwich, on which meridian the
scale is set at one part in fifteen thousand too small. The origin of
coordinates is at the intersection of the meridian 90 degrees--30 minutes
west of Greenwich and the parallel 35 degrees--50 minutes north latitude.
This origin is given the coordinates: x = 250,000 meters and y = 0 meters;
(2) The Missouri coordinate system 1983, central zone, is a transverse
Mercator projection of the North American Datum of 1983 having a central
meridian 92 degrees--30 minutes west of Greenwich, on which meridian the
scale is set at one part in fifteen thousand too small. The origin of
coordinates is at the intersection of the meridian 92 degrees--30 minutes
west of Greenwich and the parallel of 35 degrees--50 minutes north
latitude. This origin is given the coordinates: x = 500,000 meters and y
= 0 meters;
(3) The Missouri coordinate system 1983, west zone, is a transverse
Mercator projection of the North American Datum of 1983 having a central
meridian 94 degrees--30 minutes west of Greenwich, on which meridian the
scale is set at one part in seventeen thousand too small. The origin of
coordinates is at the intersection of the meridian 94 degrees--30 minutes
west of Greenwich and the parallel 36 degrees--10 minutes north latitude.
This origin is given the coordinates: x = 850,000 meters and y = 0 meters.
3. The position of either Missouri coordinate system shall be as marked
on the ground by horizontal control stations established in conformity
with the standards adopted by the department of natural resources for
first-order and second-order work, whose geodetic positions have been
rigidly adjusted on the appropriate datum and whose coordinates have been
computed on the system defined in this section. Any such station may be
used for establishing a survey connection with the Missouri coordinate
system. (L. 1984 S.B. 479)
No coordinates based on either Missouri coordinate system
purporting to define the position of a point on a land boundary shall be
presented to be recorded in any public land records or deed records
unless the point is within one kilometer of a horizontal control station
established in conformity with the standards prescribed in section
60.451; except that, such one kilometer limitation may be modified by the
department of natural resources to meet local conditions. (L. 1984 S.B.
479)
The use of the term "Missouri Coordinate System of 1927" or
"Missouri Coordinate System of 1983" on any map, report of survey, or
other document shall be limited to coordinates based on the Missouri
coordinate system as defined in sections 60.401 to 60.491. (L. 1984 S.B.
479)
Descriptions of tracts of land by reference to subdivisions,
lines, or corners of the United States public land survey, or other
original pertinent surveys, are hereby recognized as the basic and
prevailing method for describing such tracts. Whenever coordinates of the
Missouri coordinate system are used in such descriptions they shall be
construed as being supplementary to descriptions of such subdivisions,
lines, or corners contained in official plats and field notes of record;
and, in the event of any conflict, the descriptions by reference to the
subdivisions, lines, or corners of the United States public land surveys,
or other original pertinent surveys shall prevail over the description by
coordinates. (L. 1965 p. 173 § 9)
The Missouri coordinate system of 1927 shall not be used after
July, 1990; and the Missouri coordinate system of 1983 shall be the sole
system after this date. (L. 1984 S.B. 479)
The functions, duties and responsibilities of the department of
natural resources shall be as follows:
(1) To restore, maintain, and preserve the land survey monuments, section
corners, and quarter section corners established by the United States
public land survey within Missouri, together with all pertinent field
notes, plats and documents; and also to restore, establish, maintain, and
preserve other boundary markers considered by the department of natural
resources to be of importance, or otherwise established by law;
(2) To design and cause to be placed at established public land survey
corner sites, where practical, substantial monuments permanently
indicating, with words and figures, the exact location involved, but if
such monuments cannot be placed at the exact corner point, then witness
corners of similar design shall be placed as near by as possible, with
words and figures indicating the bearing and distance to the true corner;
(3) To establish, maintain, and provide safe storage facilities for a
comprehensive system of recordation of information respecting all
monuments established by the United States public land survey within this
state, and such records as may be pertinent to the department of natural
resources' establishment or maintenance of other land corners, Missouri
state coordinate system stations and accessories, and monuments in
general;
(4) To extend throughout this state a triangulation and leveling net of
precision, whereby the Missouri state coordinate system, as established
by section 60.400, may be made to cover to the necessary extent those
areas of the state which do not now have enough geodetic control stations
to permit the general use of the system by land surveyors and others;
(5) To collect and preserve information obtained from surveys made by
those authorized to establish land monuments or land boundaries, and to
assist in the proper recording of the same by the duly constituted county
officials, or otherwise;
(6) To furnish, upon reasonable request and tender of the required fees
therefor, certified copies of records created or maintained by the
department of natural resources which, when certified by the state land
surveyor or a designated assistant, shall be admissible in evidence in
any court in this state, as the original record;
(7) To prescribe, and disseminate to those engaged in the business of
land surveying, advisory regulations designed to assist in uniform and
professional surveying methods and standards in this state; and
(8) To select and appoint a state land surveyor, who shall be the chief
administrative officer of the authority, and who shall hold office at the
pleasure of the authority. (L. 1969 S.B. 22 § 5)
Effective 7-1-70
The state land surveyor shall, under guidance of the department
of natural resources, carry out the routine functions and duties of the
department of natural resources, as prescribed in sections 60.500 to
60.610. He shall, whenever practical, cause all land surveys, except
geodetic surveys, to be executed, under his direction by the registered
county surveyor or a local registered land surveyor when no registered
county surveyor exists. He shall perform such other work and acts as
shall, in the judgment of the department of natural resources, be
necessary and proper to carry out the objectives of sections 60.500 to
60.610 and, within the limits of appropriations made therefor and subject
to the approval of the department of natural resources, employ and fix
the compensation of such additional employees as may be necessary to
carry out the provisions of sections 60.500 to 60.610. (L. 1969 S.B. 22 §
8)
Effective 7-1-70
The department of natural resources may acquire, in the name of
the state of Missouri, lands or interests therein, where necessary, to
establish permanent control stations; and may lease or purchase or
acquire by negotiation or condemnation, where necessary, land for the
establishment of an office of the department of natural resources. If
condemnation is necessary, the attorney general shall bring the suit in
the name of the state in the same manner as authorized by law for the
acquisition of lands by the state transportation department. (L. 1969
S.B. 22 § 9)
Effective 7-1-70
The custody and ownership of the original United States public
land survey corners and accessories, including all restoration and
replacements thereof and all accessories, belonging to the state of
Missouri is hereby transferred to the department of natural resources.
The department of natural resources shall see that the markers are
maintained, and the alteration, removal, disfiguration or destruction of
any of the corners or accessories, without specific permission of the
department of natural resources, is an act of destruction of state
property and is a misdemeanor. Any person convicted thereof shall be
punished as provided by law. Each of the several prosecuting attorneys is
specifically directed to prosecute for the violation of this section for
any act of destruction which occurs in his county. (L. 1969 S.B. 22 § 10)
Effective 7-1-70
Upon request, the state attorney general shall advise the
department of natural resources or the state land surveyor with respect
to any legal matter, and shall represent the department of natural
resources in any proceeding in any court of the state in which the
authority shall be a party. (L. 1969 S.B. 22 § 11)
Effective 7-1-70
The permanent headquarters of the state land survey authority
shall be at or near to the principal office of the Missouri state
geological survey. Until such time as other headquarters can be obtained
by the authority, the state geologist shall assign such space in the
state geological survey building as may be available. The authority may
also establish and maintain regional offices in the metropolitan areas of
the state for the storage and distribution of local survey record
information. (L. 1969 S.B. 22 § 12)
Effective 7-1-70
The state land surveyor or any and all employees of the
department of natural resources have the right to enter upon private
property for the purpose of making surveys, or for searching for,
locating, relocating, or remonumenting land monuments, leveling stations,
or section corners. Should any of these persons necessarily damage
property of the owner in making the surveys or searches or
remonumentations, the department of natural resources may make reasonable
payment for the damage from funds available for that purpose. However,
department of natural resources employees are personally liable for any
damage caused by their wantonness, willfulness or negligence. All
department of natural resources employees are immune from arrest for
trespass in performing their legal duties as stated in sections 60.500 to
60.610. (L. 1969 S.B. 22 § 13)
Effective 7-1-70
1. On request of the department of natural resources or the state
land surveyor, all city and county recorders of deeds, together with all
departments, boards or agencies of state government, county, or city
government, shall furnish to the department of natural resources or the
state land surveyor certified copies of desired records which are in
their custody. This service shall be free of cost when possible;
otherwise, it shall be at actual cost of reproduction of the records. On
the same basis of cost, the department of natural resources shall furnish
records within its custody to other agencies or departments of state,
county or city, certifying them.
2. The department of natural resources may produce, reproduce and sell
maps, plats, reports, studies, and records, and shall fix the charge
therefor. All income received shall be promptly deposited in the state
treasury to the credit of the department of natural resources document
services fund. (L. 1969 S.B. 22 §§ 14, 16, A.L. 1979 H.B. 121)
Effective 7-1-80
1. The "Department of Natural Resources Revolving Services Fund"
is hereby created. All funds received by the department of natural
resources from the delivery of services and the sale or resale of maps,
plats, reports, studies, records and other publications and documents by
the department shall be credited to the fund. The director of the
department shall administer the fund. The state treasurer is the
custodian of the fund and shall approve disbursements from the fund
requested by the director of the department. When appropriated, moneys in
the fund shall be used to purchase goods or services that will ultimately
be used to reprint maps, publications or other documents requested by
governmental agencies or members of the general public; to publish the
maps, publications or other documents or to purchase maps, publications
or other documents for resale; and to pay shipping charges, laboratory
services, core library fees, workshops, conferences, interdivisional
cooperative agreements, but for no other purpose.
2. An unencumbered balance in the fund at the end of the fiscal year not
exceeding one million dollars is exempt from the provisions of section
33.080, RSMo, relating to the transfer of unexpended balances to the
general revenue fund.
3. The department of natural resources shall report all income to and
expenditures from such fund on a quarterly basis to the house budget
committee and the senate appropriations committee. (L. 1979 H.B. 121 § 2,
A.L. 1993 S.B. 80, et al., A.L. 1999 H.B. 988)
Every employee of the department of natural resources who is
engaged in work required by law to be done by a registered land surveyor
will be so registered. No employee of the department of natural resources
shall engage in private land surveying or consultation while employed by
the department of natural resources. (L. 1969 S.B. 22 § 15)
Effective 7-1-70
Whenever the department of natural resources deems it expedient,
and when funds appropriated permit, the department of natural resources
may enter into any contract with agencies of the United States, with
agencies of other states, or with private persons, registered land
surveyors or professional engineers, in order to plan and execute desired
land surveys or geodetic surveys, or to plan and execute other projects
which are within the scope and purpose of sections 60.500 to 60.610. (L.
1969 S.B. 22 § 17)
Effective 7-1-70
1. There is hereby created the "Land Survey Advisory Committee",
within the department of natural resources. The committee shall consist
of five members appointed by the director of the department of natural
resources. Members of the committee shall hold office for terms of three
years, but of the original appointments, two members shall serve for one
year, two members shall serve for two years, and one member shall serve
for three years.
2. The advisory committee shall consist of persons who reside in this
state and are not employed by the department of natural resources. Three
members shall be registered land surveyors, one of which shall be a
county surveyor. One member shall represent the real estate or land title
industry.
3. The advisory committee shall elect a chairman annually. The committee
shall meet semiannually and at other such times as called by the chairman
of the committee and shall have a quorum when at least three members are
present.
4. The advisory committee members shall serve without compensation but
shall be reimbursed for actual and necessary expenses incurred in the
performance of their official duties.
5. The advisory committee shall provide the director of the department of
natural resources with advice and counsel on the planning and
prioritization of the program and the design of regulations needed to
carry out the functions, duties, and responsibilities of the department
of natural resources.
6. The committee shall, at least annually, prepare a report, which shall
be available to the general public, of the review by the committee of the
land survey program, stating its findings, conclusions, and
recommendations to the director. (L. 1991 H.B. 403)
For the purpose of preserving evidence of land surveys, every
surveyor who establishes, restores, or reestablishes one or more corners
that create a new parcel of land shall file the results of such survey
with the recorder of deeds in the county or counties in which the survey
is situated within sixty days after the survey has been certified. (L.
1990 S.B. 580)
1. It shall be the duty of the recorder of deeds to maintain a
copy of all survey plats delivered to his custody in an appropriate file
medium capable of reproduction.
2. Survey plats shall be placed in the plat books or such other record
books as have been previously established.
3. A duplicate of the recorded survey plat shall be provided to the land
survey division of the department of natural resources at an amount not
to exceed the actual cost of the duplicate.
4. The recorder shall maintain an index of all survey plats, subdivision
plats, and condominium plats by section, township, and range and by
subdivision or condominium name.
5. Copies of survey plats shall be evidence in all courts of justice when
properly certified under the hand and official seal of the recorder. (L.
1990 S.B. 580)
A survey plat is not required to be filed when:
(1) It is of a preliminary nature illustrating ideas and intentions and
not the results of a survey;
(2) It has been recorded under any other provision of law. (L. 1990 S.B.
580)
Any surveyor who fails to comply with any provisions of this
chapter shall be guilty of misconduct in the practice of land surveying.
(L. 1990 S.B. 580)
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